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Hi All,
I will apply for ILR of my wife after her 5 year or Spouse visa (D - Partner (standard) , Wife of UK citizen) , I need help in following questions for application preparation:
1. Accommodation - I am the owner of the flat and my wife not a joint owner, So Showing only Annual Mortgage statement and Council tax (Joint) is enough? or Do I need to ad some more documents?
2. List Absences from the UK in the last 5 years - She is not away for more then 90 days in one trip. But In a year she was away around 120 days (In two trips), Will that be an issue?
3. Cohabitation Evidence (Evidence of Living together) - We have separate bank statements (Not Joint), Joint Council tax and Water bills, And Gas & Electricity & Broadband Bills only in my name (Not in Wife). Will these we enough for Evidence of Living together?
4. Financial Requirement - My wife is Homemaker but I Do have a permanent Job with salary more then needed (more than 40k). Do we need to show some 6 months savings as well as Fund maintenance?
5. Evidence of monthly housing costs for the accommodation in the UK where you live or will live - I Have Annual Mortgage statement, Council tax Bills, Utility Bills. Are these enough?
6. How early we can apply for her ILR . I mean If her 5 year or Spouse Visa is completing in June , Then can we do as early as 3 months or 1 month?
7. Will 90/180/270 days absence is applicable for ILR as well or that is only application for citizenship?.
8. Do I need a covering letter as well?

Thanks,

1. Accommodation - I am the owner of the flat and my wife not a joint owner, So Showing only Annual Mortgage statement and Council tax (Joint) is enough? or Do I need to ad some more documents?

You can provide a copy of the title register and mortgage statement.

2. List Absences from the UK in the last 5 years - She is not away for more then 90 days in one trip. But In a year she was away around 120 days (In two trips), Will that be an issue?

There is NO absence limit for a spouse visa holder. You simply need to declare any absence of 2 weeks or more.

3. Cohabitation Evidence (Evidence of Living together) - We have separate bank statements (Not Joint), Joint Council tax and Water bills, And Gas & Electricity & Broadband Bills only in my name (Not in Wife). Will these we enough for Evidence of Living together?

You need a selection of evidence for every 3 to 4 months from 3 to 6 different sources in both your names.

4. Financial Requirement - My wife is Homemaker but I Do have a permanent Job with salary more then needed (more than 40k). Do we need to show some 6 months savings as well as Fund maintenance?

No. You only need to prove ONE of you meet the financial requirement. Not sure why you think there is a savings or fund maintenance requirement - there is not.

5. Evidence of monthly housing costs for the accommodation in the UK where you live or will live - I Have Annual Mortgage statement, Council tax Bills, Utility Bills. Are these enough?

Fine.

6. How early we can apply for her ILR . I mean If her 5 year or Spouse Visa is completing in June , Then can we do as early as 3 months or 1 month?

You can apply within 28 days before the 5th anniversary of the date she entered the UK (on a spouse visa not a fiance visa). The latest you can apply is the date of visa expiry. You have not stated when she entered the UK.

7. Will 90/180/270 days absence is applicable for ILR as well or that is only application for citizenship?.

Not relevant to ILR at all. You are confusing two completely separate applications and rules/laws.

8. Do I need a covering letter as well?

No.

Hi CR001, Thanks for quick reply. You solved all my doubts you are awesome
Regards,

Hello everyone,

I am a UK citizen (through naturalisation) and my wife is an Indian national. My wife came to the UK on spouse visa on 04 June 2021.

1. First Visa Details:-
Visa start date on Passport visa : 24/03/2021
Type: D - Partner (standard)
Date of arrival (first time) in the United Kingdom: 04/06/2021 - she came late due to covid travel restrictions
Date of expiry date on BRP card for Spouse/Partner Visa: 24/12/2023
2. FLRM Visa Extension in UK Details:-
Date of issue : 22-01-2024
Expiry Date (As per Letter) : 10-08-2026

Now she is going back to India for more than 1 yr in May 2024 due to some work.

As I understood, She can apply for ILR after 5 years of her date of entry in UK (04/06/2026) I have a few questions regarding her ILR application. I would be grateful if you can help me with these.

1. How Early She need to be back in UK before her ILR Application ?
2. How I can show the Cohabitation proof, We does have Joint bank account and Utility accounts here in UK and as well joint bank account in India, But will they need Cohabitation proof for India as well? I can get an affidavit for my parents that she is living with them, Will that work ? Or some Emails, WhatsApp messages Calls will work?
3. Can we show some Indian income as part of £38,700? ( minimum salary required from 4 April 2024). Or all Income need to be from UK only?
4. Is minimum 6 months before application UK job, mandatory for minimum salary requirement?
5. Can we show only savings as well in UK account (£38,700) or a job is necessary for ILR application salary requirement?
6. In worst case if we can not apply ILR then Can we apply for another FLR M extension from India, Or she need to be in UK for that as well ?
7. Do we have need to wait again for another 5 yrs after her second FLR M extension, In case if we missed this ILR application?

I know its very early and I asked many questions (some might be very stupid ), but I need help in above questions so We can plan her visit better with all ifs and buts and get ready with all documents for future application.

Thanks,

1. She can return to the UK and apply for ILR immediately.

2. ANY evidence can be used, but it should be about linking you two to the same address in the UK. See: All you need to know about cohabitation evidence

3. Who told you the required income will increase from April 2024 to £38,700 ?? Nothing has been announced so far. Under category A or B, you are required to be employed in the UK.

4/5. There are many ways to satisfy the requirements.
Start by reading the official guide: https://assets.publishing.service.gov.u ... rement.pdf

6. ILR and extension have the same financial requirements. If you do not qualify, you will end up under the 10-year route

7. No but if you move to the 10-year route, the ILR clock will start from zero